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Appeal No. RI‑ 299 of.1983, decided on 31st January, 1984.

‑‑‑ S. 25‑A‑Grievance notice to employer‑Mandatory‑Grievance petition without legal grievance notice‑‑Not maintainable Grievance notice served after four years‑Delay sought to be ex cused on grounds of illness‑No medical certificate produced Grievence petition, in circumstances, held, not competent and Labour Court had no jurisdiction‑Argument that impugned order being void no question of limitation could arise, in circumstances, repelled.

Ch. Sadiq Muhammad Warraich for Appellant.

Muhammad Iqbal Khokhar for Respondent.

Date of hearing : 28th January, 1984.

The appeal captioned above arises from the decision, dated 22nd May, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi, dismissing the grievance petition of the appellant for his re‑instatement in service.

2. The appellant was terminated for the reason that his conductor licence had been cancelled. On merits the appellant has a good case but the difficulty is that the grievance notice was time‑barred. He was termi nated on 23rd February, 1978 but he gave grievance notice, on 24th April, 1982. The ground for condonation is illness. No medical certificate for proving illness of four years was produced. The plea of illness is, therefore, ex facie false. Learned counsel for the appellant has cited 1978 P L C 165 and 1975 P L C 175 but they being the rulings of Labour Courts cannot be followed. The provisions of section 25‑A with regard to grievance notice are mandatory and without a legal notice the very A grievance petition is not competent and the Court has no jurisdiction. So, there is no force in the arguments that where the order is void, no question of limitation arises.

3. As a result of what has been said above, the appeal is dismissed.

A. E. Appeal dismissed.

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